09-25-1989CITY OF RICHFIELD, MINNESOTA
REGULAR CITY COUNCIL MEETING
September 25, 1989
MEMBERS PRESENT: Steven Quam, Mayor; Ivan Ludeman; Martin
Kirsch; and Michael Sandahl.
MEMBERS ABSENT: Edwina Garcia
STAFF PRESENT: Steven Devich, Acting City Manager; Thomas P.
Ferber, City Clerk; Byron Wallace, Community
Development Director; Jack Erskine, Public
Safety Director; William Fillmore, Liquor
Operations Director; and John Dean, City
• Attorney.
The meeting was called to order by Mayor Quam at 7:00 p.m.
PRESENTATION OF COLORS AND PLEDGE OF ALLEGIANCE
Mayor Quam led the audience in the Pledge of Allegiance.
APPROVAL OF MINUTES
M/Sandahl, S/Kirsch to agprove the minutes of the Special
City Council Meeting of September 7 1989• the minutes of the
Special City Council Study Session of September 11 1989; and the
minutes of the regular City Council Meeting of September 11,
1989.
Motion carried 4-0.
Item #1 OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL
ON ANY ITEM NOT LISTED ON THE AGENDA.
Debra Olsen, 4220 Valley View Road, owner of an apartment at
6901 Penn Avenue, stated concerns about the sanitary sewer
charges for her apartment building.
Acting City Manager Devich reviewed the City's sanitary
sewer billing policy and compared it to other communities.
Council Member Ludeman suggested that the sanitary sewer
billing policy be reviewed by the council at a study session. It
was the consensus of the council that the staff schedule this
issue for a future city council study session.
Council Meeting Minutes
-2- September 25, 1989
Item #2 COUNCIL APPROVAL OF AGENDA
M/Ludeman, S/Kirsch to approve the agenda.
Motion carried 4-0.
Item #3 CONSENT CALENDAR
Randy Roehl, 7400 Penn Avenue, Chair of the Advisory Board
of Health, reviewed the updating process used for the 1990-1991
Community Health Services Plan.
The City Council commended the Advisory Board of Health for
their work on the Community Health Services Plan.
A. APPROVED RESOLUTION UPDATING 1990-91 COMMUNITY HEALTH
SERVICES PLAN. C.L. 215
RESOLUTION NO. 7549
A RESOLUTION AUTHORIZING SUBMISSION OF A
PLAN IN APPLICATION FOR A COMMUNITY HEALTH
SERVICES ACT SUBSIDY FOR 1990-1991
This Resolution appears as Resolution No. 7549 in Resolution
Hook No. 58.
B. APPROVED PURCHASE IN EXCESS OF $5,000 TO LEAGUE OF
MINNESOTA CITIES INSURANCE TRUST ADMINISTRATOR IN THE
AMOUNT OF $31,612.36. C.L. 216
C. APPROVED MASTER PURCHASE ORDER FOR ROCK SALT TO HE
USED IN ICE CONTROL DURING THE 1989-90 WINTER SEASON
FROM INTERNATIONAL SALT COMPANY. C.L. 217
D. APPROVED AUTHORIZATION FOR ADMINISTRATIVE.SERVICES
DEPARTMENT TO ENTER INTO A CUSTODY AGREEMENT WITH
NORWEST BANK MINNESOTA TO PROVIDE CUSTODY SERVICES FOR
THE CITY OF RICHFIELD'S INVESTMENT PORTFOLIO. C.L. 218
E. APPROVED OF RESOLUTION COMMEMORATING DRAFTING OF
CONSTITUTION. C.L. 219
RESOLUTION NO. 7550
THE AMERICAN CITIZENS COMMEMORATING THE DRAFTING
OF THE CONSTITUTION
OF THE UNITED STATES OF AMERICA
This Resolution appears as Resolution No. 7550 in Resolution
Book No. 58.
Council Meeting Minutes
-3- September 25, 1989
F. APPROVED PAYMENT FOR COMPLETION OF TASK 2.0, FORMALIZE
AND FOCUS THE CONCLUSIONS, RENDERED BY MENDELSOHN
ASSOCIATES, INC. STUDY GROUP ON THE MSP AIRPORT
ADEQUACY STUDY - $7,250.00.
G. APPROVED ESTIMATE NO. 4, LINO LAKES NURSERY FOR CP837,
ILN/PIEL - $13,968.75
H. APPROVED ESTIMATE NO. 1, MERRIMAC CONSTRUCTION CO. FOR
CP802 VETERANS MEMORIAL PARK SHELTER BUILDING -
$15,595.89 '
I. APPROVED FINAL PAYMENT, FINLEY BROS. ENTERPRISES FOR
REPAIR OF TENNIS COURTS AT DONALDSON, FAIRWOOD AND
MEMORIAL PARKS - $12,788.45
M/Ludeman, S/Sandahl to approve the consent calendar.
Motion carried 4-0.
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Item #4 CONSIDERATION OF FIRST READING OF AN ORDINANCE TO
REZONE THE PROPERTY LOCATED AT 2232-2236 EAST 66TH
STREET FROM "R", SINGLE FAMILY RESIDENTIAL DISTRICT TO
"C-2", GENERAL COMMERCIAL DISTRICT. C.L. NO. 220
Acting City Manager Devich reviewed Council Letter No. 220
regarding a proposed ordinance to rezone the property located at
2232-2236 East 66th Street from "R" single family residential
district to "C-2", General Commercial District.
Council Member Kirsch asked if the results of the New
Fordtown Survey would be available prior to Second Reading of
this proposed ordinance.
Mayor Quam stated that City Manager Prosser indicated the
survey results should be available by then.
Council Member Ludeman requested that staff summarize
information regarding the noise exposure of the site and
recommended compatible uses.
Community Development Director Wallace reviewed the noise
levels at the subject site and indicated that the Metropolitan
Council guidelines state that single family, multiplex, and
mobile homes are considered to be incompatible uses in such noise
zones. He indicated office, commercial and retail are considered
compatible uses provided noise reduction is built in during
construction.
Dick Franzmeier, 7532 Garfield Avenue, Senior Vice President
of the Richfield Credit Union, reviewed the selection of this
site for the proposed Credit Union building and described the
proposed business operation to be located at the site.
Council Meeting Minutes -4- September 25, 1989
Ken Colmark, 6512 21st Avenue, stated opposition to the
rezoning citing potential loss of property value and unwanted
commercialization of the area.
Michelle McDonald, attorney representing Estelle Obermeyer,
owner of 2224-2228 East 66th Street, stated that this proposed
development would change the residential character of the
neighborhood, create noise and air pollution, be inconsistent
with the comprehensive plan, and create traffic and safety
concerns. She indicated this proposal would be spot zoning and
have a negative impact on property values.
Richard Anderson, 6524 23rd Avenue, stated concern about the
rezoning process, notification, and opposition to the proposal.
Community Development Director Wallace stated that the
Planning Commission had heard the case in July. He reviewed the
normal notice procedure for rezoning proposals.
George Wilharm, owner of 6517-19 22nd Avenue, spoke in
opposition to the rezoning and expressed concern regarding
notifications about a hearing for the rezoning.
Sherry Spiczynski, 6529 Standish Avenue, stated that the
letter sent about meetings on this issue was confusing.
Denise Leezer, 2224 East 66th Street, stated that this
proposal would be spot zoning and be detrimental to the
neighborhood. In response to a question from Mayor Quam, she
indicated that she felt that most property owners favored having
the total New Fordtown area being bought out at one time.
Mayor Quam indicated that the city was waiting for the
results of the New Fordtown survey for an indication of support
for this idea and whether the city should seek redevelopment of
the area.
Jean Asleson, 6511 20th Avenue, asked what the difference
was between this case and the Fair Mechanical case which the
council denied.
Mayor Quam stated that the Fair Mechanical case involved a
home occupation ordinance issue while this case involved rezoning
in a medium buffer zone.
Community Development Director Wallace indicated that a
letter had been sent to people in the area in an attempt to keep
them informed about the hearing date because an earlier hearing
date had been mentioned at the Planning Commission. Meeting. He
stated this may have resulted in the confusion. He stated notice
would be given for the October 9 public hearing.
John Kenealey, 6400 Blaisdell Avenue, Executive Secretary of
the Richfield Chamber of Commerce, spoke in support of the
rezoning.
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Council Meeting Minutes -5- September 25, 1989
Estelle Obermeyer, owner of 2224 and 222$ East 66th Street,
expressed opposition to the rezoning stating concerns about
traffic, noise, and air pollution. She stated that the Planning
Commission had not unanimously recommended approval of the
rezoning as was indicated. She stated anger that Council Member
Garcia indicated the rezoning would be approved.
Mike Gallagher, 6313 20th Avenue, spoke in opposition to the
rezoning.
Judy Hergren, 6506 23rd Avenue, questioned how Council
Member Garcia could make a statement that the rezoning would be
approved.
1
Mayor Quam stated that Council Member Garcia had told him
she had not made up her mind on this issue.
Lawrence Wozniczka, 6744 Wentworth Avenue, questioned
whether due process had been followed in the rezoning process.
City Attorney Dean, reviewed the methods to initiate
rezoning stating that the Planning Commission, the City Council,
or a petition process are the three methods to initiate rezoning.
He stated that if a petition. process is used, two petitions are
necessary: one representing 50~ of the owners of the property to
be rezoned and one representing 50~ of the property owners within
350 feet of the property to be rezoned. City Attorney Dean
indicated that there was a question about the adequacy of the
petition of property owners within 350 feet presented for this
case. Therefore, he recommended that if the city council passes
the proposed First Reading of the rezoning, that it be contingent
upon a legal opinion from the City Attorney concerning the
validity of the rezoning petition.
Discussion followed regarding issues related to how rezoning
can be initiated and the status of this request.
Lawrence Wozniczka, 6744 Wentworth Avenue, requested that
the council not take any action until the petition question is
resolved.
M/Sandahl, S/Kirsch to close the public hearing.
Motion carried 4-0.
Council Member Sandahl stated that if there was confusion
regarding the mailing about the hearing, he apologized but he
felt it was intended to keep people informed. He indicated the
future of the New Fordtown area and the airport issue were
separate issue aside from this case.
Mayor Quam reviewed his concerns about proceeding prior to
the legal opinion regarding the petition.
Council Meeting Minutes -6- September 25, 1989
Council Member Ludeman stated that to approve First Reading
and to set the public hearing for October 9 would allow time for
the City Attorney's opinion and maintain October 9 as the date of
the public hearing.
M/Ludeman, S/Kirsch that this constitute First Reading of an
ordinance amendment to rezone the property at 2232-2236 East 66th
Street from "R" single family residence, to "C-2" general
commercial district with such approval being contingent upon a
legal opinion from the City Attorney concerning-the validity of
the rezoning petition and that the Public Hearing and Second
Reading of the ordinance be scheduled for the October 9, 1989
city council meeting.
Motion carried 3-1. (Quam opposed)
Item #5 CONSIDERATION OF REQUEST FOR DIVISION OF PROPERTY AT
66TH STREET AND FIRST AVENUE SOUTH. C.L. NO. 221
Acting City Manager Devich reviewed Council Letter No. 221
regarding a request for approval of a property division of
certain land located north of 66th Street between Nicollet Avenue
and First Avenue.
M/Ludeman, S/Kirsch to close the public hearing.
Motion carried 4-O.
M/Sandahl, S/Kirsch that the following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minute
RESOLUTION NO. 7551
RESOLUTION AUTHORIZING PROPERTY SPLIT
Motion carried 4-0. This resolution appears as Resolution
No. 7551 in Resolution Book No. 58.
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Item #6 CONSIDERATION OF APPROVAL OF THE 1989 LABOR CONTRACT
WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
LOCAL 1215. C.L. NO. 222
Acting City Manager Devich reviewed Council Letter No. 222
recommending approval of the labor agreement for 1989 with the
International Association of Firefighters Local 1215.
Council Meeting Minutes
-7- September 25, 1989
M/Ludeman, S/Kirsch that the following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minutes.:
RESOLUTION NO. 7552
RESOLUTION APPROVING LABOR AGREEMENT BETWEEN
THE CITY OF RICHFIELD AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1215
BARGAINING UNIT FOR THE YEAR 1989
Motion carried 4-O. This resolution appears as Resolution
No. 7552 in Resolution Book No. 58.
Item #7 CONSIDERATION OF THE CANCELLATION OF THE NOVEMBER 27,
1989 REGULAR CITY COUNCIL MEETING. C.L. NO. 223
Acting City Manager Devich reviewed Council Letter No. 223
recommending cancellation of the November 27, 1989 City Council
Meeting because a quorum will not be available.
Lawrence Wozniczka, 6744 Wentworth Avenue, stated he felt it
was excessive that three council members were attending the
National League of Cities Conference.
Mayor Quam reviewed the benefits to the City of Council
Member attendance at this conference.
M/Ludeman, S/Kirsch to cancel the November 27, 1989 Citv
Council Meeting.
Motion carried 4-O.
Item #8 DISCUSSION OF THE RUNWAY USE SYSTEM FOR MSP AIRPORT,
AND A RESOLUTION IN THE ALTERNATIVE. C.L. N0. 224
Acting City Manager Devich reviewed Council Letter No. 224
regarding a proposed alternative Runway Use System (RUS) for the
Minneapolis/St. Paul International Airport.
Don Priebe, 7225 Bloomington Avenue, Richfield MSAC
representative, reviewed the alternative Runway Use System
proposal.
Leo Lazinski, 6341 Standish Avenue, stated that he had
experienced cracked windows from the airport runway use near his
home. He advocated that the Metropolitan Airport Commission
purchase the homes on his block.
Council Meeting Minutes -8- September 25, 1989
M/Sandahl, S/Ludeman that the following resolution be
adopted; that it be spread in the resolution book and that it be
made part of these minutes:
RESOLUTION NO. 7553
RESOLUTION REGARDING A RUNWAY USE SYSTEM
AT MINNEAPOLIS/ST.PAUL INTERNATIONAL AIRPORT
Motion carried 4-0. This resolution appears as Resolution
No. 7553 in Resolution Book No. 58.
Mayor Quam stated he would present this resolution at the
September 26, 1989 MSAC Meeting.
Item #9 LEGISLATIVE REPORT
Mayor Quam reviewed his response to Metropolitan Council
Chair Steve Keefe's comments about the future of the airport and
the "demise" o£ Richfieldo He stated Mr. Keefe had apologised
for his remarks and has agreed to speak at the October 23 City
Council meeting.
Council Member Sandahl expressed his displeasure about Mr.
Keefe's comments.
Discussion was held regarding the status of the tax bill in
the legislature.
Item #10 COUNCIL DISCUSSION ITEMS
Council Member Sandahl suggested that the council discuss
the City Attorney's memo relating to ordinance provisions about
the process for placing items on the council agenda at a council
study session. The council agreed by consensus.
Council Member Sandahl suggested that the council discuss
the legislative proposals for the consolidation of local
elections at a council study session.
Council Member Sandahl suggested that the council discuss
the equity of the Richfield/Edina mutual aid fire responses at a
council study session. Mayor Quam asked that city staff provide
a memo to the council on this issue.
u
~I~
Council Meeting Minutes -9- September 25, 1989
Acting City Manager Devich recommended that the Revised 1989
Proposed 1990 Budget Hearing be tentatively scheduled for
Wednesday, October 18, 1989 at 5:30 p.m. in the Council Chambers.
He stated if additional time is needed, the Budget Hearing would
be reconvened on Wednesday, October 25, 1989 at 5:30 p.m. City
Council Members said they would be availalbe on these dates. Mr.
Devich stated that formal City Council action setting the dates
would be established at a regular City Council Meeting.
Acting City Manager Devich reviewed the circumstances
related to the mailing of a daycare request to eleven members of
a community center group that was brought up at the August 28,
1989 City Council Meeting.
Item #11 CLAIMS AND PAYROLLS
M/Ludeman, S/Sandahl that the following claims and payrolls
be approved:
RICHFIELD STATE SANK
Checks
FIRST
Checks
Checks
Motion
ADJOURNMENT
11924-11975; 105965-106211 $ 750,290.86
aESTERN BANK
5159-5177 $ 491,807.48
26277-26298; 29813-30194 Payroll $ 325,043.64
carried 4-O.
The meeting was adjourned by unanimous consent at 9~
Date Approved: 10/9/89 /~'"j"'`~
St n J Qu
e
T omas P. Ferber S eve L. Devich
City Clerk Actin City Manager
Mayor